Tag: transparency maldives

Both Transparency Maldives and MDP call for greater transparency in water crisis fund

Transparency Maldives has called on the government to display more transparency in order to avoid “economic and political repercussions stemming from the water crisis”.

“The Government must publicly provide a breakdown of the estimated US$20 million (more than MVR300 million) needed to overcome the crisis, and how the government intends to spend it,” read a press release from the anti-corruption NGO.

Transparency’s statement follows the announcement this week that the government is seeking donations in order to meet the costs of the fire that crippled Malé’s sole desalination plant on December 4.

“Furthermore, the decision to seek donations from the public raises questions given that MWSC is a private, profit-making corporation with 80 per cent government shares,” said Transparency.

Minister of Tourism Ahmed Adeeb said today that the fund – which has already received support from both foreign and domestic donors – was not intended for the MWSC, but would be utilised by the government.

The opposition Maldivian Democratic Party (MDP) has also criticised the fund, stating that the government should only be able to demand US$20 million after they have decided how it is going to be spent.

“The MDP along with the people of the Maldives demands answers from the government regarding the US$ 20 million fund,” said party Vice Chairperson Ali Niyaz at a press conference today.

“Where is the money going to go to? Why have not seen a breakdown on how the money is going to be spent? Will this be a new ring in the chain of corruption of the government?” he asked.

Additionally, party lawyer Hassan Latheef expressed concern that unnamed donors were giving large amounts of money to the fund.

“Relevant details should be provided as per the law on money laundering and corruption prevention law. Money laundering and financing for terrorism through donors is something which exists in the Maldives.”

Transparency has also called for an independent technical investigation to be conducted, and results to be made public before effective and preventative mechanisms are put in place.

“The investigation must scrutinise MWSC’s risk mitigation policy and asset management plan,” said the NGO.

With 130,000 citizens of the capital left without water, the government has said it could take up to two weeks to fully repair the extensive damage. President Abdulla Yameen has said that there could have been no back up plan for a “disaster of this magnitude”.

Former President and opposition leader Mohamed Nasheed has also called for an inquiry into the fire, suggesting that the Danish government previously recommended keeping 21 days of reserves in the capital.

Transparency noted that the crisis had demonstrated “the interminable relationship between good governance and citizens’ right to essential human needs,” calling for greater regulation of state-owned enterprises.

“Transparency Maldives believes that it is the responsibility of the government to hold accountable and to ensure that MWSC and other companies that provide essential services, such as the State Electric Company Limited (STELCO) and FENAKA Corporation  Limited, have mechanisms in place to review their working procedures so that similar incidents can be avoided in the future.”

MDP lawyer Latheef also criticised what he perceived to be the government’s attempts to pass the constitutional responsibility for water provision to the MWSC.


Related to this story

No fall back for disaster of this magnitude: President Yameen

Government seeks US$20 million in donations to repair Malé’s desalination plant

People’ Majlis disrupted after disorder over water crisis

UN Maldives commends government’s response in water crisis, opposition condemns

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Maldives omitted from Corruption Perceptions Index for third year

The Maldives has been omitted from Transparency International’s Corruption Perceptions Index (CPI) for the third successive year.

“The Maldives fell a dramatic 57 places since it first appeared in the CPI between 2008 and 2011. Since then, there have been no positive systemic changes to the governance system,” explained Transparency Maldives (TM) Advocacy and Communications Manager Aiman Rasheed.

“The Maldives scored a lowly 2.5 on a scale of 0-10 – 10 being least corrupt and 0 most corrupt – in 2011. There have been no developments to suggest that the situation may have improved this year even if Maldives were to appear in the index,” he added.

In order to be included in the index, Transparency International must collect data from a minimum of three expert sources – usually from international organisations with expertise in governance of business climate analysis.

The widely used indicator of corruption again ranked Denmark as the country with the least perceived corruption problems out of 175 states in this year’s index.

Somalia and North Korea were ranked bottom for the second consecutive year.

After appearing in the CPI – published every year since 1995 – for the first time in 2007, the Maldives appeared in the index until 2011, when a ranking of 134th prompted TM to describe the country’s “grand scale” corruption as “systemic”.

Potential sources for the study this year included the World Bank, the IMD World Competitiveness Center, Freedom House, the Economist Intelligence Unit, and the Bertelsmann Foundation.

TM’s Aiman Rasheed noted that the interaction between source and government institutions was crucial, with data only being provided from two sources in recent years.

TM’s own Global Corruption Barometer Survey – released shortly after the release of the 2013 CPI – found that 83 percent of people questioned felt corruption had increased or stayed the same during the past two years.

The survey of 1,002 people – randomly selected and interviewed by telephone – showed respondents to perceive the People’s Majlis and political parties to be the country’s most corrupt organisations.

The Maldives National Defence Force (MNDF) – perceived as  ‘extremely corrupt’ by 34 percent of respondents – immediately labelled the results of survey a “baseless” attack on its reputation, calling on local media not to publish such information.

A recent high profile case of alleged corruption involved the misappropriation of US$6 million in a deal involving tourism minister Ahmed Adeeb.

The minister – also deputy leader of the ruling Progressive Party of Maldives (PPM) – dismissed evidence published by the auditor general as politically motivated. PPM sponsored amendments to the Audit Act have subsequently resulted in the replacement of Niyaz Ibrahim as auditor general.

Audit reports released this year – concerning the financial years 2011 and 2012 – showed financial transactions worth MVR2.2 billion (US$142 million) had been conducted illegally by state institutions and corporations.

Niyaz told state television, however, that releasing audit reports had become “futile” as the accountability process had so far failed.

Evidence of a crisis of confidence in public institutions, revealed in a 2013 democracy survey, was bolstered by a recent International Foundation for Electoral Systems study which found that one in three Maldivians were offered bribes for their votes or witnessed vote buying in the March 2014 parliamentary polls.

The recently introduced Special Economic Zones Act – promising relaxed regulations for large foreign investments – has been criticised by the opposition Maldivian Democratic Party as paving the way for corruption. Both the Maldives Monetary Authority governor and the IMF have noted the importance of transparency in the regulation of the zones.


Related to this story

“Systemic failure to address corruption”: Transparency Maldives

Transparency Maldives reveals growing perception of corruption

Maldives absent from Corruption Perceptions Index for second consecutive year

Analysis: President Yameen’s first year – Towards good governance?

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Transparency Maldives concerned over “stagnation of democratic consolidation”

An assessment of the effectiveness of Maldivian institutions in preventing and fighting corruption points to a “stagnation in democratic consolidation and a reversal in democratic gains,” anti-corruption NGO Transparency Maldives (TM) has said.

Institutions of the National Integrity System (NIS) – consisting of the three branches of the state, public sector agencies, and non-government actors – were evaluated on their resources and independence, mechanisms to ensure transparency, accountability and integrity, and extent to which each institution fulfilled their assigned role in preventing corruption.

The Elections Commission (EC), the Anti- Corruption Commission (ACC) and the Auditor General’s Office were ranked the strongest pillars, while political parties and civil society received the lowest scores.

“The findings show that most institutions do not fully adhere to the legal framework, meaning there is a gap between practices and mandates afforded by the law, and that oversight mechanisms are not working as intended,” TM’s Advocacy and Communications Manager Aiman Rasheed said.

Noting the erosion of the separation of powers and the judicial attempts to undermine the independence of the EC and the ACC, Aiman said he was concerned over the lack of public outcry in instances where the powers of key democratic institutions are undermined.

“What is most worrying is the culture of impunity in the Maldives. There is no outcry from civil society, meaning those who undermine democratic consolidation can get away with almost anything,” he said.

A strong and functioning NIS serves as a bulwark against corruption and as a guarantor of accountability, while a weak system harbors systemic corruption and produces a myriad of governance failures, the report said.

Politicisation

Although the 2008 constitution established a mechanism for separation of powers, the period between 2008 and 2013 saw the legislature and judiciary curbing the powers of the executive and independent institutions, the report noted.

It specifically cited an amendment to the Public Finance Act in 2010, which curtailed the powers of the executive with regard to public finance management and state assets. The revision allows an opposition-dominated parliament to prevent the exercise of governmental policy.

A Supreme Court in September 2012 also limited the ACC’s powers to halt projects or issue binding orders and injunctions, it noted.

‘The verdict has made the commission toothless. We believe the ACC must at the very least have the power to suspend actions perceived as corrupt,” Aiman said.

He also said the 16-point guideline imposed by the Supreme Court on the EC in October is a blow to the commission’s independence.

“There are questions on how much authority the commission has in making decisions on electoral processes and the conduct of elections. The events of the past cycle of elections had had a tremendous negative impact on the Election Commission’s independence,” he said.

Systemic failure

Political parties associated with powerful individuals dominate the People’s Majlis, and their self-serving political practices have constrained the legislature’s ability to function with independence, the report noted.

Although there are provisions to hold the executive in check through budget review, appointment of cabinet, and questioning ministers on policies, in practice, the extent to which the executive was held accountable depended on the level of support the president’s political party enjoyed in the Majlis.

Meanwhile, allegations of political influence within the judiciary, and concerns over the qualifications and suitability of serving judges have raised questions over the independence of the judiciary, the report said.

But key oversight institutions, such as civil society organisations and the media, lack adequate resources and the professionalism necessary to effectively influence government policy for the betterment of society, the report continued.

Systemic weakness in upholding democratic institutionalism was demonstrated by the controversial transfer of power in February 2012, the report said, arguing that former President Mohamed Nasheed’s resignation under questionable circumstances created doubts over the political system’s ability to guarantee democratic governance.

“Although the Constitution of 2008 created a democratic Constitutional Government, the traditionally transmitted undemocratic political practices are also embedded in the new politico-institutional framework, thus weakening the overall institutional framework, and leaving room for misgovernance and political malpractices,” a press statement accompanying the report said.

Recommendations

The report recommended the enforcement of a comprehensive code of conduct for MPs, political appointees, and judges, with penalties for non-compliance.

MPs and political appointees must declare their assets and business interests, and legislation that limits party cross-over in the Majlis must be established, it said.

The executive must be granted more independence in determining public spending, albeit with strong measures to ensure integrity and transparency in decision-making.

Qualification and experience requirements of judges stipulated in legislation need to be enforced and the Supreme Court must exercise greater judicial restraint in interpreting its powers, it said.

The report also called on greater powers to be granted the ACC, Police Integrity Commission, and said that financial and human resources must be provided for the efficient functioning of all political, economic and social institutions.

Read the report here

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Maldives must empower Anti-Corruption Commission, says Transparency International

The Maldives must empower anti-corruption agencies to investigate and prosecute cases in order to fight corruption, says Transparency International.

“Maldives and Sri Lanka must ensure that their anti-corruption agencies are granted ‘suo motto’ powers to instigate both corruption investigations and prosecutions on their own initiative without prior government approval,” suggested the Fighting Corruption in South Asia (FCSA) report released today.

At present, the Maldives Anti Corruption Commission (ACC) can only initiate investigations, but not prosecutions. Instead, it has to forward cases to the Prosecutor General for any further action to be taken.

Analysing 70 institutions across 6 countries, the anti-corruption NGO concluded that a “serious lack of political will on the part of governments to make laws work” was hampering the regional fight against corruption.

The report also called on the government to enforce the Right to Information Law and ensure protection of whistleblowers.

Independence and Accountability

Although the report advocated greater independence for oversight bodies, it highlighted the need to balance independence with accountability.

Too much of either can lead to abuse of power, the report noted, arguing limited judicial accountability has resulted in the Maldives Supreme Court exerting excessive use of power over other branches of government.

One example that the FCSA uses to demonstrate their findings is the Maldives Supreme Court’s much-criticised decision to convict the president of the Elections Commission Fuwad Thowfeek for contempt of court earlier this year. The apex court acted as prosecutor, judge and jury during the trial.

The Maldivian Anti Corruption Commission itself has raised concerns over a Supreme Court rulings, in which the apex court ruled the body does not have the authority to prevent the state from entering into questionable contracts.

ACC President Hassan Luthfee has said a ruling on a legal battle involving Department of Immigration, the Anti-Corruption Commission (ACC), and Malaysian IT firm Nexbis in 2012 had rendered the organisation powerless.

“If this institution is simply an investigative body, then there is no purpose for our presence,” he said.

“Even the police investigate cases, don’t they? So it is more cost effective for this state to have only the police to investigate cases instead of the ACC,” Luthfee said.

Referring the court’s, Luthfee said the ACC had no power to prevent corruption, arguing that anti-corruption bodies in other countries had powers of investigation, prevention, and awareness raising.

“If an institution responsible for fighting corruption does not have these powers then it is useless,” he said.

Right to Information

Another key finding highlighted in the FCSA report was what it regarded as the weak implementation of the Freedom of Information act, ratified earlier this year.

“In Maldives, although the new law has only just been passed, there are concerns about the level of citizens’ awareness of their rights, an issue which will need to be addressed as a matter of urgency,” the report states.

Under the act, an appointed commissioner has the power enforce a fine on information officers who deliberately refuse access to information. The President’s Office has today called for applications for the post which must be filled by mid July according to the new law.

The FCSA report categorises both the Maldives’ capacity to implement the law, and citizens’ awareness of the law as “weak”.

Additionally, the report highlighted the safety and protection of whistleblowers as a being major barrier to anti-corruption activities in the Maldives.

Noting the Right to Information Act provides protection to whistleblowers, the FCSA report called for more comprehensive whistleblower legislation with a broader scope covering both the public and private sectors.

Aiman Rasheed, Advocacy and Communications Manager at local Transparency branch Transparency Maldives said one the key findings of the report was the reversal of judicial reform after the February 2012 transfer of power.

“We had a new government set up. It was a positive environment. That has been reversed,” Aiman said.

He noted a “huge gap” between current systems and practices as politicians enjoyed an atmosphere of impunity following the controversial removal of President Mohamed Nasheed.

He went on to note that public engagement in holding officials accountable have been hindered by the lack of public debate in the local media.

“We have published a lot of reports on the public opinions of corruption, but we don’t see these being discussed in the media,” Aiman said.

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Democracy survey reveals crisis of confidence in democratic institutions

The Maldives’ first survey on public attitudes towards democracy reveals a deep crisis of public confidence in key democratic institutions, local advocacy group Transparency Maldives has said.

Of a 1000 randomly selected individuals, 62 percent said they have no confidence in parliament, while 58 percent said they have no confidence in political parties. Respondents who reported no confidence in the local government and courts stand at 50 percent and 46 percent respectively

The ‘Democracy at Crossroads’ survey also revealed extraordinarily high levels of cynicism, with 92 percent stating they believe politicians lie to get elected and 86 percent saying the government does not care about ordinary people.

Cynicism has “corrosive effects on democratic life,” the report said, claiming it drives citizens away from active participation in the public sphere which in turn increases impunity and corruption.

Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed called on the state to take “extraordinary measures” to regain the trust of the public. Citizens too must step up efforts to hold public officials accountable, he said.

Despite bleak findings, the survey shows citizens are interested in politics and are relatively knowledgeable about politics and active in the life of their communities.

Crisis of confidence

Maldivians gave political leaders a low score with none rating better than average. Former President Mohamed Nasheed received the highest rating at 48 percent while incumbent President Abdulla Yameen received the worst at 26 percent.

Maldives’ 30-year autocratic ruler Maumoon Abdul Gayoom received an average rating of 42 percent while Jumhooree Party leader Gasim Ibrahim received a rating of 41 percent.

The survey also found Maldivians had more confidence in the state’s authoritative institutions than its representative institutions.

Respondents were significantly more likely to report they had more confidence in the army (34 percent) and the police (32 percent) than in political parties (8 percent) or parliament (11 percent).

The report, however, noted “striking” divisions on opinions regarding the security forces.

Although one third of respondents said they have “a great deal of confidence” in the army and police, the same proportions report they have “no confidence at all” in the army (29%) and the police (32%).

Maldivians are troubled by the status quo, the survey found, with 50 percent saying they are dissatisfied with the way democracy works. Meanwhile, 1 in 5 said they were “not at all satisfied” with democracy in the country.

Further, a staggering 84 percent said power is concentrated in the hands of too few people.

The Maldivian public is more likely to have negative associations with the idea of democracy than in other transitional democracies. A majority of respondents linked democracy with instability, poor economy and lack of order.

Meanwhile, 77 percent identified politic issues – which includes conflict, corruption, and the party system – to be the most important problem facing the country. In contrast, only 10 percent said crime was the biggest problem and 8 percent rated the economy and unemployment as the biggest challenge.

However, 90 percent believed dialogue is the way to solve the country’s problems. But 1 in 3 people did believe that violence is sometimes a necessary response to social injustice.

The survey also found that Maldivians scored significantly higher than other populations in their support for the value of individual responsibility at 73 percent. Support for gender equality was much lower at 38 percent, with women more likely to reject gender equality.

Generational differences

The survey results indicated a significant generational gap in attitudes towards democracy, with younger people systematically less likely to be satisfied with democracy than older people. 55 percent of those in the 18-25 age group said they were either dissatisfied or very dissatisfied.

Moreover, a majority of those less than 35 years of age said they have no confidence in representative institutions. Those over 46 years of age are twice as likely as their younger counterparts to say they have high levels of confidence in these institutions.

The young are markedly more cynical, but are more democratic in their outlook. They are more likely to disagree with idea that economies work poorly, less likely to think democracies are unstable and that “there is too much argument” in democracies.

Support for gender equality is significantly higher among the young.

Read the full report here.

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Transparency Maldives highlights plight of migrant workers on May Day

Advocacy NGO Transparency Maldives (TM) has assisted 560 migrant workers with cases of non-payment of wages, poor working and housing conditions, withholding of identification documents and forced labor.

“People need to be more outraged. Migrant workers are not of our nationality, but they are human beings. Maldivians need to consider their plight, especially on May Day,” TM’s Advocacy and Communications Manager Aiman Rasheed told Minivan News.

The NGO estimates there are an estimated 200,000 migrant workers in the country – a figure that amounts to two thirds of the Maldives population.

“But migrant workers have few rights and do not have access to justice. They often face threats or violence even for speaking out about injustices,” Aiman said.

“The 560 cases we were able to assist are really the tip of the ice-berg. We need to do more. Civil society needs to do more, the government needs to do more,” he added.

In 2013, the U.S. State Department ranked Maldives on tier two of its watch list for human trafficking for the fourth consecutive year. Countries are ranked on tier two if the absolute numbers of trafficking victims are increasing and if their governments fail to take substantive measures to address the problem.

A downgrade to tier three could leave the country open to non- humanitarian and non trade international sanctions.

The State Department noted fraudulent recruitment, confiscation of identity and travel documents, withholding or non-payment of wages or debt bondages as some of the forced labor situations faced by migrant workers in the Maldives.

A government report in 2011 revealed human trafficking to be the Maldives’ second most lucrative industry after tourism – worth an estimated US$ 123 million a year

The Maldives ratified an Anti-Trafficking Act in December 2013, but TM noted implementation, monitoring and enforcement of laws and regulations are crucial to prevent human trafficking.

In addition to the Anti- Trafficking Act, the Maldives has two regulations on migrant workers – the Regulations on Expatriates Working in the Maldives and the Regulation on Bringing Expatriates for the Purpose of Employment.

“Human trafficking often happens due to systematic governance failures, often caused by corruption. Corruption and human trafficking need to be addressed as a matter or urgency to prevent abuses,” Aiman said.

The NGO has called on migrant workers to call its toll free number (800) 300 3567 or visit its free legal advice center between 9 am and 5 pm on working days. The center is located on the 7th floor of MF Building on Chaandhanee Magu in Malé.

TM has helped a group of Indian workers obtain eight months’ worth of unpaid wages and assisted a Bangladeshi group restore electricity in their living quarters.

Employers had cut off electricity when the group asked for the Labor Relations Authority’s assistance in obtaining six months’ wages. The Human Rights Commission of the Maldives (HRCM) is now monitoring the case.

In January, the Maldives Police Services made its first arrest on charges of human trafficking. A 48 year old Maldivian and six expatriates were arrested from Baa Atoll Goidhoo island.

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Transparency Maldives reveals details of election day observation mission

Transparency Maldives has today confirmed it will be fielding the only nation-wide domestic elections observation mission for this Saturday’s Majlis elections.

The mission will comprise of over 300 trained observers and volunteers, spanning all 20 atolls and foreign countries hosting ballot boxes for the country’s second multi-party parliamentary elections.

In addition to election day efforts,  Transparency will be conducting long-term election observation in order to ensure that the pre-election is free from obstructions, and that voters can make an informed choice without undue influence.

Transparency Maldives’ long-term observer network has been functional since 1 March 2014.

“Though the pre-election environment is largely peaceful, Transparency Maldives has identified vote buying, allegations of abuse of authority and state resources, and the lack of political financing transparency as major issues of concern through the long term observation,” read the press release.

Transparency will be releasing a press statement on the opening of polls on the afternoon of election day, as well as a statement on the closing and counting of ballots the following day.

A final report on the findings with recommendations will be published within a month of the polls.

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One-third of electorate deprived of true representation: TM

The current local government system deprives one-third of the electorate of true representation, governance NGO Transparency Maldives (TM) has said.

One-third of the electorate base their living in the capital city Malé or in other islands, however, they are only allowed to vote in their permanent or registered constituency, TM noted in a position paper on today’s local government elections.

Hence, the current system “deprives” one-third of the electorate of true representation and “defeats” the purpose of a decentralised administrative system.

“The only way to achieve true representation would be to pave the way for people to vote in the constituencies where they actually live. This is the basic tenet of decentralisation, and it empowers people to hold local councils accountable for decisions that directly affect their lives,” the NGO recommended.

The position paper also called attention to three additional issues in the current electoral system – application of the Supreme Court’s 16-point electoral guideline, the electoral dispute resolution mechanism and ensuring secrecy of the ballot.

Supreme Court’s guidelines

TM said it does not believe the Supreme Court’s guideline improves the existing legal framework on electoral administration.

The Supreme Court issued the guideline in its verdict annulling the first round of presidential polls held in September 2013. The guidelines mandate candidate signatures on the voter registry, use of the Home Ministry’s Department of National Registration’s (DNR) database to compile a new registry, and police oversight on transport of ballot papers and boxes.

In October 2013, the Maldives Police Service obstructed polls at the eleventh hour after the Progressive Party of the Maldives (PPM) and the Jumhooree Party (JP) refused to sign the voter lists.

Transparency Maldives has expressed concern over the opportunity provided by the guideline for political parties and candidates to obstruct the electoral process and said the guideline undermines the independence of the EC in organising and administering elections free from undue external influences.

“The People’s Majlis is mandated with making and amending laws, and hence the Majlis must immediately review the Supreme Court’s 16-point guideline and authorities should revert to using the existing legal electoral framework,” the NGO recommended.

The Commonwealth Observer Group who monitored the presidential polls has also called upon the Majlis to examine the consistency and workability of the guideline.

The guideline “appeared to undermine the authority of the Election Commission, were inconsistent with or contrary to electoral law, and were at odds with the constitution,” the Observer Group said in its final report.

In addition, TM has also called for greater cooperation between the EC, the Maldives Police Services, the Anti Corruption Commission (ACC), the Maldives Broadcasting Commission (MBC), the Prosecutor General, and the Majlis in establishing accountability mechanisms to address transparency in political financing, bribery, vote buying, misuse of state resources for campaigning, and violations of the code of conduct on campaigning.

Secrecy of the ballot is not ensured in the local government and parliamentary elections, in situations where one of a few individuals have to register to vote in polling stations other than their constituencies, such as in resorts and industrial islands, TM said.

Transparency Maldives has recommended the setting up of a mechanism to ensure secrecy of the ballot for all citizens who have to vote away from their constituencies.

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President ratifies Right to Information Act

President Abdulla Yameen Abdul Gayoom has ratified the landmark Right to Information (RTI) Act today.

Advocacy NGO Transparency Maldives has hailed the ratification of the act as “major step forward for good governance and transparency.”

The act (Dhivehi) aims to widen and improve the scope for the citizen’s rights to information in order to increase transparency and accountability.

Within six months of ratification, the president is mandated to appoint a Commissioner of Information to enforce the act, while the government is obliged to appoint an Information Officer at every government office to facilitate access to information.

The Commissioner of Information’s tenure is five years. The act also provides for the establishment of an Office of the Commissioner of Information.

The commissioner has the power enforce a fine on information officers who deliberately refuse access to information. Such a fine may not exceed MVR5000 (US$324).

The commissioner may also fine any individual who destroys requested information, obstructs a public authority or the Information Officer’s from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

The act also provides protection to whistleblowers if the whistleblower publicises information regarding corruption or breach of the law.

Under the act, any public authority is obliged to comply with a request for information within 21 days. However, if the request is relevant to an individual’s liberty or protection of a person’s life, information must be provided within 48 hours.

Any request for information must state the request is being submitted under the RTI Act, details of the requested information, details of the applicant, an address for receipt of requested information, as well as the designated fee.

A request for information can be declined if the Information Officer deems the request to be incomplete, incorrect, or purposeless. However, the Information Officer must notify the applicant before declining the request and grant enough time and assistance to the applicant to revise their application

The state is not required to disclose any information designated confidential by law, or information that could cause legal action against the government for breach of confidence, or which could prevent future communication of such information to the government.

Furthermore, the state is not required to disclose information which could have an adverse impact on the government’s ability to manage or administer the economy or  information whose premature disclosure could put a person at an unfair advantage or disadvantage

Neither is the government obliged to reveal information that harms the immunities of the parliament and the courts, information of a closed trial, personal or judicial records which could harm the dignity of a child below 18 years, and information regarding victims of sexual abuse.

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